Book section
Limits of law: reflections from private and public law
- Abstract:
- There are a number of enduring themes relating to substantive judicial review, including its intensity, the legal form through which this should be expressed, the extent to which the courts should show deference, respect or appropriate weight to the views of the initial decision-maker, and the capacity of courts to undertake the kind of assessment required of them, given that they may be required to balance considerations that are to some degree incommensurable. These issues are distinct, albeit related. Lurking beneath the surface there are more general inquiries concerning the limits of law, connoting in this respect views about what kinds of issues are suited to adjudication and the extent to which adjudication on rights-based claims is qualitatively different from other types of adjudication. These are important questions, and they should not be ducked.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Accepted manuscript, pdf, 109.7KB, Terms of use)
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Authors
- Publisher:
- Hart Publishing
- Host title:
- Lord Sumption and the Limits of Law
- Publication date:
- 2016-02-22
- ISBN:
- 9781849466943
- Pubs id:
-
pubs:605594
- UUID:
-
uuid:08eeee64-0819-41ee-a192-e265fb28099e
- Local pid:
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pubs:605594
- Source identifiers:
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605594
- Deposit date:
-
2016-02-20
- ARK identifier:
Terms of use
- Copyright date:
- 2016
- Notes:
- This is the accepted manuscript version of the record. The final version is available from Hart Publishing at: https://www.bloomsburyprofessional.com/uk/lord-sumption-and-the-limits-of-the-law-9781849466943/
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